Colorado brothers sentenced in listeria case

by ROBERT BOCZKIEWICZ

Published: January 28, 2014;Last modified: January 28, 2014 08:42PM

DENVER — Two Holly farmers whose contaminated cantaloupes in 2011 caused at least 33 people to die were sentenced Tuesday to six months of home detention and five years of probation, plus ordered to pay $300,000 as restitution to victims.

“I must deliver both justice and mercy at the same time,” U.S. District Court Magistrate Judge Michael Hegarty said in pronouncing his sentences on brothers Eric and Ryan Jensen.

Seven relatives of persons who died from the listeria-contaminated cantaloupes made statements to the judge about the impacts the devastating illness and deaths created.

Some of them and others in the packed courtroom cried. Some urged the judge to put the Jensens behind bars; others said incarcerating the brothers would serve no useful purpose.

In addition to the deaths of persons in 28 states who ate the cantaloupes, at least 147 others were hospitalized, federal authorities have said.

The brothers addressed Hegarty just before he announced their sentences.

“To the victims and families I’d like to extend my most sincere apology,” Ryan Jensen said. “This is a huge tragedy for everyone involved and we’re very sorry,” Eric Jensen said.

They could have been sentenced to terms of up to six years in prison and fined $1.5 million each.

The brothers operated Jensen Farms. Their fruit was washed and packed at a Granada plant, where it was contaminated with listeria bacterium.

Half of the courtroom was packed with Southeastern Colorado supporters of the brothers.

They pleaded guilty in October 2013 to the misdemeanor crime of introducing adulterated food into interstate commerce.

“This is very complicated — there’s no easy answer,” the judge said.

The prosecutor, Assistant U.S. Attorney Jaime Pena, recommended a sentence of five years of probation, as did a court officer who conducted a pre-sentencing investigation for Hegarty.

“I believe they did not intentionally and knowingly allow adulterated food to leave their premise,” Pena told the judge. Pena said the brothers should have known that washing the fruit only with fresh water, without bacteria-fighting chlorine, was not sufficient. “I don’t know what was in their heads.”

Forrest Lewis of Denver, attorney for Eric Jensen, said a food-safety inspector had told the Jensens that the inspector was concerned that recirculated chlorinated water “could become a hot spot.” Lewis said the Jensens used the plain-water washing system because “they thought it was probably cleaner and safer.”

Many farmers and ranchers across the United States were enraged that the Jensens were prosecuted. The brothers’ attorneys disagreed. “The charges that were filed were appropriate,” said Richard Banta of Denver, attorney for Ryan Jensen.

Pena said a key reason for prosecuting the brothers was the widespread nature and magnitude of the illness and deaths.

Both sides agreed that the filing of the charge had led to improvements in food safety.